PUSHPALEELA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) IN this petition filed by way of Public Interest Litigation on behalf of the victims who have lost the eye-sights consequent upon the operations conducted in the Free Eye Camp at Chintamani during the year 1988, the petitioner has prayed for a direction to the respondents to pay adequate compensation and all other medical facilities to the victims and to suitably rehabilitate them under any of the welfare schemes.

(2.) ). The brief facts of the case are that on 28th and 29th January 1988 a Free Eye Camp was organised at Chintamani in Kolar District under the joint auspecies of Lions Clubs of Chintamani and Bangalore and Common Wealth Society for the Blind, New Delhi. 151 persons were operated for cataract problem at Vasavi Kalyana Mandira and their list has been produced as Annexure-A in the connected W. P. No. 4351/88 which was dismissed for non-prosecution on 26-5-1997. Among them, 72 persons had lost one eye-sight, 4 victims had lost both the eyes on account of infection developed after the surgery with severe pains. The affected victims were shifted to Minto Regional Institute of Opthalmology, Bangalore and S. N. R. Hospital, Kolar to provide medical assistance. On 3-3-1988 the Government constituted a one-man Commission of Enquiry headed by Padmabhushana Dr. P. Shiva Reddy to enquire into the circumstances leading to the tragedy and to suggest remedial measures and to submit a report. Such a report was submitted on 2-11-1989, copy of which has been produced along with the Synopsis filed by the Government Advocate. We shall later refer to the report. In the meantime, by an order dated 23-6-1988 this Court directed payment of Rs. 5,000. 00 as interim compensation to the four persons who have become totally blind, in addition to the sum of Rs. 1,000. 00 already paid. Vide Government Order dated 1-8-1988 such a payment had been made. Thereafter, on 6-9-1988 this Court had directed payment of Rs. 250. 00 per month to each of the 66 victims. By Government order dated 7-8-1990 the said amount has been paid and such payment is being made as of today. At present there are only 45 victims alive and the remaining 27 victims have died during the pendency of the writ petitions. The list of the remaining victims is produced.

(3.) ON behalf of the respondents common statement of objections have been filed for both the writ petitions. Whatever facts stated above have not been disputed by the respondents. The conduct of operation, the number of persons affected and all other facts have been admitted. On the other hand, what the respondents have contended is that they have provided the best treatment possible till the victims were completely cured. Respondents sought to justify the action they have taken after the tragedy had occurred. At the end it is stated that the State Government has sympathy for the victims and will do their best to rehabilitate the victims. This is the sum and substance of the objections filed on behalf of the respondents. 3. 1. In the light of the aforementioned facts, it has to be tested as to whether there was negligence on the part of the doctors who had performed the operations and what is the amount of compensation payable to the victims.